Connect with us

Headline

Why ECOWAS Can’t Justify Intervention In Niger Without UN’s Approval – Falana [SEE LEGAL REQUIREMENTS]

Published

on

Human rights lawyer, Femi Falana, SAN, has stated that the Economic Community of West African States needs to be authorised by the United Nations before it can intervene in restoring democratic rule in the military-held Niger Republic.

Coup plotters led by the head of presidential guards, Gen. Abdourahamane Tchiani, held to power after ousting democratically-elected president, Mohamed Bazoum,

Advertisement

In response, the West African bloc, led by President Bola Tinubu, issued sanctions and threatened military intervention in the Sahel region after a seven-day ultimatum was issued.

Nigeria had cut power supply with Niger Republic, who, in turn, cancelled major military operations with France, The PUNCH reports

However, Falana, in a statement released on Sunday, August 6, cautioned that, “the conduct of ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law.”

Advertisement

READ ALSO: Coup: Tinubu Meets With Northern Govs Sharing Boundary With Niger

He said, “In addition to the above constitutional mandate, ECOWAS is required to seek and obtain the authorisation of the UN Security Council to launch an attack on a sovereign nation pursuant to article 53(1) of the United Nations Charter. Article 53(1) provides in part, “The Security Council shall, where appropriate, utilise such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorisation of the Security Council…”

“This means that the conduct of the ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law,” he added.

Advertisement

Falana, therefore, stated that it’d be illegal if ECOWAS launches any intervention inNiger Republic without the approval of the UN Security Council.

Furthermore, the statement added, “It is also clear that any intervention by ECOWAS, apart from being subject to the authorisation of the Security Council, must be on a collective basis and not a unilateral one.

“In the absence of explicit Security Council authorisation, any intervention by the ECOWAS would be illegal, unless it concerns a situation of self- defence, which is clearly not the case in the situation of the planned intervention in Niger.”

Advertisement

Falana mentioned that, according to section 5(4) of the Constitution of Nigeria 1999 (as amended), the president must seek the approval of both houses of the National Assembly.

See the full statement below:

LEGAL REQUIREMENTS FOR DECLARATION OF WAR AGAINST NIGER REPUBLIC

READ ALSO: Coup: Why President Tinubu Can’t Deploy Troops To Niger – SANs

Advertisement

Notwithstanding the resolution of the Economic Community of West African States to resort to the use of force to flush the military junta in Niger in a bid to restore President Mohamed in Bazoum, the Bola Tinubu administration is mandatorily required to seek the approval of both houses of the National Assembly. This is in compliance with section 5(4) of the Constitution of Nigeria 1999 (as amended), which stipulates as follows:

“(4) Notwithstanding the foregoing provisions of this section:

(a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session; and

Advertisement

(b) except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.

However, by virtue of section 5(5) thereof, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger:

Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within 14 days.

Advertisement

READ ALSO: Niger Coup: 3 Decisions For West Africa As Deadline Nears

In addition to the above constitutional mandate, the ECOWAS is required to seek and obtain the authorisation of the UN Security Council to launch an attack on a sovereign nation pursuant to article 53(1) of the United Nations Charter. Article 53(1) provides in part, “The Security Council shall, where appropriate, utilise such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council….”

This means that the conduct of the ECOWAS, as a regional arrangement, is subject to the provisions of the United Nations Charter, particularly article 53(1) and general international law.

Advertisement

Therefore, the ECOWAS can not justify any intervention in Niger without the authorisation of the Security Council.

It is also clear that any intervention by the ECOWAS, apart from being subject to the authorisation of the Security Council, must be on a collective basis and not a unilateral one.

In the absence of explicit Security Council authorisation, any intervention by the ECOWAS would be illegal, unless it concerns a situation of self- defence, which is clearly not the case in the situation of the planned intervention in Niger.

Advertisement

Femi Falana SAN
The Chair,
Alliance on Surviving Covid 19 and Beyond
6th August, 2023.

Advertisement

Headline

JUST IN: Canadian Court Declares APC, PDP Terrorist Organisations

Published

on

By

The Federal Court of Canada has upheld a ruling that classified Nigeria’s two major political parties, the All Progressives Congress, APC, and the Peoples Democratic Party, PDP, as terrorist organisations, while denying asylum to a former member, Douglas Egharevba, over his decade-long affiliation with both parties.

In a judgment delivered on June 17, 2025, Justice Phuong Ngo dismissed Egharevba’s application for judicial review after the Immigration Appeal Division, IAD, found him inadmissible under Canada’s Immigration and Refugee Protection Act, IRPA.

Advertisement

According to the Peoples Gazette, the Minister of Public Safety and Emergency Preparedness had argued that the APC and PDP were implicated in political violence, subversion of democracy and electoral bloodshed in Nigeria.

Court records showed that Egharevba was a PDP member from 1999 to 2007 before joining the APC, where he remained until 2017. He moved to Canada in September 2017 and disclosed his political history.

READ ALSO:Britain, Canada, France Warn Israel Over ‘Egregious Actions’ In Gaza

Advertisement

Canadian immigration authorities flagged his affiliations, citing intelligence reports linking both parties to electoral violence and politically motivated killings.

The IAD based its decision largely on the PDP’s conduct during the 2003 state elections and 2004 local government polls, when the party allegedly engaged in ballot stuffing, voter intimidation and killing of opposition supporters.

The tribunal found that the party leadership benefited from the violence and took no action to stop it, meeting Canada’s legal definition of subversion under paragraph 34(1)(b.1) of the IRPA.

Advertisement

Justice Ngo affirmed that mere membership in an organisation linked to terrorism or democratic subversion is enough to trigger inadmissibility under paragraph 34(1)(f) of the IRPA, even without proof of personal involvement.

READ ALSO:Canada-based Nigerian Arrested Over $610,382 Romance Scam

Egharevba’s claim that political violence was widespread across all Nigerian parties was dismissed.

Advertisement

The court ruled that even flawed Nigerian elections constitute a democratic process under Canadian law and that undermining them qualifies as subversion.

The decision effectively ends Egharevba’s asylum claim, with deportation proceedings expected to follow.

Advertisement
Continue Reading

Headline

US Approves Sale Of Bombs, Others Worth $346m o Nigeria

Published

on

By

The United States Government has approved a possible Foreign Military Sale to Nigeria of munitions, precision bombs, precision rockets, and related equipment valued at $346 million.

The approval was contained in a statement from the Defence Security Cooperation Agency, dated August 13, but received via email on Thursday.

Advertisement

The agency said it has notified the US Congress of the potential sale.

“The State Department has made a determination approving a possible Foreign Military Sale to the Government of Nigeria of Munitions, Precision Bombs, and Precision Rockets and related equipment for an estimated cost of $346 million. The Defence Security Cooperation Agency delivered the required certification notifying Congress of this possible sale today, ” the statement partly read.

READ ALSO: FEC Approves N142bn For Construction Of Bus Terminals Six Zones

Advertisement

Under the request, Nigeria seeks to purchase 1,002 MK-82 general purpose 500-pound bombs; 1,002 MXU-650 Air Foil Groups for Paveway II GBU-12; 515 MXU-1006 Air Foil Groups for Paveway II GBU-58; 1,517 MAU-169 or MAU-209 computer control groups for Paveway II GBU-12/GBU-58; 1,002 FMU-152 joint programmable fuzes; and 5,000 Advanced Precision Kill Weapon System II all-up-rounds.

The Government of Nigeria has requested to buy one thousand two (1,002) MK-82 general purpose 500 lb bombs; one thousand two (1,002) MXU-650 Air Foil Groups (AFGs) for 500 lb Paveway II GBU-12; five hundred fifteen (515) MXU-1006 AFGs for 250 lb Paveway II GBU-58; one thousand five hundred seventeen (1,517) MAU-169 or MAU-209 computer control group (CCG) for Paveway II GBU-12/GBU-58; one thousand two (1,002) FMU-152 joint programmable fuzes; and five thousand (5,000) Advanced Precision Kill Weapon System II (APKWS II) all-up-rounds (AURs) (consisting of one each WGU-59/B guidance section (GS); high-explosive warhead; and MK66-4 rocket motor), ” it stated.

The package also includes non-major defence equipment such as FMU-139 joint programmable fuzes, bomb components, impulse cartridges, high-explosive and practice rockets, integration support, test equipment, and logistical and program support services.

Advertisement

The DSCA said the proposed sale aims to strengthen Nigeria’s capability to address current and future threats, including operations against terrorist organisations and illicit trafficking in Nigeria and the Gulf of Guinea. It added that the deal will not alter the military balance in the region and will have no adverse impact on US defence readiness.

READ ALSO:JUST IN: Ibom Air Passenger Breaks Silence After Release

The following non-MDE items will also be included: FMU-139 joint programmable fuzes; bomb components, impulse cartridges, and high-explosive and practice rockets; integration support and test equipment; U.S. Government and contractor technical, engineering, and logistics personnel services; and other related elements of logistical and program support. The total estimated program cost is $346 million.

Advertisement

“This proposed sale will support the foreign policy goals and national security objectives of the United States by improving the security of a strategic partner in Sub-Saharan Africa.

“The proposed sale will improve Nigeria’s capability to meet current and future threats through operations against terrorist organisations and to counter illicit trafficking in Nigeria and the Gulf of Guinea. Nigeria will have no difficulty absorbing these munitions into its armed forces.

“The proposed sale of this equipment will not alter the basic military balance in the region, ” the statement added..

Advertisement

READ ALSO: FG Gives KWAM 1 Aviation Appointment, After Airport Incident

The principal contractors for the potential sale are RTX Missiles and Defence, Lockheed Martin Corporation, and BAE Systems.

At this time, the U.S. Government is not aware of any offset agreement proposed in connection with this potential sale. Any offset agreement will be defined in negotiations between the purchaser and the contractor. Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Nigeria.

Advertisement

“There will be no adverse impact on U.S. defence readiness as a result of this proposed sale.

“The description and dollar value are for the highest estimated quantity and dollar value based on initial requirements. Actual dollar value will be lower depending on final requirements, budget authority, and signed sales agreement(s), if and when concluded, ” the statement concluded.

 

Advertisement

Continue Reading

Headline

Israeli Military Intercepts Missile From Yemen

Published

on

By

The Israeli military said on Thursday it intercepted a missile fired from Yemen, with the Iran-backed Huthi rebels claiming responsibility for the attack.

Israel’s army said on Telegram that “the air force intercepted a missile launched from Yemen.

Advertisement

Huthi military spokesman Yahya Saree later said the group had launched a “Palestine 2 hypersonic ballistic missile” targeting Israel’s Ben Gurion airport.

READ ALSO:Israeli Fire Kills 34 In Gaza

The Yemeni rebels have repeatedly launched missiles and drones at Israel since their Palestinian ally Hamas’s October 2023 attack on Israel sparked the Gaza war.

Advertisement

The Huthis, who say they are acting in support of the Palestinians, paused their attacks during a two-month ceasefire in Gaza that ended in March, but renewed them after Israel resumed major operations.

Israel has carried out several retaliatory strikes in Yemen, targeting Huthi-held ports and the airport in the rebel-held capital Sanaa.
AFP

Advertisement
Continue Reading

Trending

Exit mobile version